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(영문) 광주지방법원 2016.01.14 2015고정1746
교통사고처리특례법위반
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a C-A-hurd motor vehicle.

On April 3, 2015, the Defendant driven the above vehicle at around 09:40, and driven the two-lane road in front of the E-cafeteria in Gwangju Dong-gu, Gwangju, along with the large-scale market room from Gwangju high school.

There is a place where the center line of yellow solid lines has been installed, so in such a case, there was a duty of care to refrain from breaking the center line to a person engaged in driving service.

Nevertheless, the Defendant neglected this and got off the center line and proceeded in the opposite lane due to the negligence of the U.S., while driving G K5 taxi driver's length G K5 taxi driver's length in the opposite lane, and received the front part of the Defendant's vehicle driver's length.

As a result, the Defendant suffered injury to the victim F and the victim H (54) who was on board the victim F and the damaged vehicle due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of Acts and subordinate statutes to survey reports on actual condition, each diagnosis certificate, traffic accident scene, and vehicle photographs;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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